902 talks ‘frustrating and fruitless’

Gov. Benigno R. Fitial has shot down some lawmakers’ suggestion to open formal discussions with the federal government under Section 902 of the U.S.-CNMI Covenant, instead of going to court over the new immigration law.

Fitial said in a letter to the Legislature yesterday that he has lost faith in 902 negotiations as a way to address controversies regarding the Covenant. Previous 902 talks have been frustrating and fruitless, he explained.

He added that the immigration law does not allow for negotiating the labor provisions he wants to challenge in court.

“Like the previous experience with Section 902, there are issues raised by the current federalization legislation that can only be resolved by the courts or Congress,” Fitial said. “Now that the law has been enacted, the Department of Homeland Security has no authority to negotiate about the provisions of the law that I am considering challenging. That is why resort to the courts under Section 903 [of the Covenant] must be carefully considered.”

The governor’s letter was in response to some lawmakers’ proposal to make the case against federalization using Section 902 of the Covenant, which provides a mechanism by which the CNMI and United States can consult on matters affecting their relationship.

Citing previous 902 talks, Fitial said that Section 902 “does not offer any realistic avenue with respect to the problems raised by the [immigration law].”

“Section 902 has…been a source of frustration and disappointment to the Commonwealth. The past consultations were almost always sought by the CNMI, not by the federal government. The consultations were expensive for the Commonwealth and the results were exceedingly slim. Both sides complained in 1989 to Congress about their disappointments with the process,” he said.

The submerged lands issue, the governor said, is one example of basic disputes about the meaning of Covenant provisions that 902 talks have failed to resolve. The issue was resolved against the CNMI in the federal courts.

Fitial also called “brief and fruitless” the last 902 talks held between the CNMI and federal governments. These talks were conducted last year amid congressional moves to pass the now-enacted CNMI immigration law. Although he had previously called the talks “positive and constructive,” the governor said the discussions failed because the U.S. government and congressional staff advocating the legislation were not prepared to agree to any changes offered by the Commonwealth.

The enacted version of the immigration measure includes numerous amendments to the original form of the bill.